Daily Republican., 1887-09-22
ON TRIAL FOR Hrs LEE.

the Defenss and Claims THAI the Act
Wss Committed In seif. Defense.
when the court reconvened at 8
O'CLOCK yesterday afternoon, Chief Jus.
t,ce OomeRys and Associate judges
Houston, Grubb and Paynfer were on
the bench. The usual large number OF
spectators were present, and immedt.
Ately after tho opening the case of the
State vs, Jackson Walker, Indicted for
murder Of tic frat desrse was re-
sumsc.
Mrs Catherine Barr was recalled. and
testified that VIXEN Mulby psssed her be
asked who was Sighting. He had barely
said this when Walker said, "I'll kiil
you, you son Of b-h," and throw the
stone which struck Mulby in tue head.
She saw Walker have the stone In his
| baud At least ten miputes before he
shrew 1t She was positive that the
stone shown In court was the one
| walker threw. Mulby fell on his
knees with the b'eod streaming out OF
his nose. and Walker ran away. This
happened abort O. clock In the after
moon of SeptSmber 18Th, and Mulby
died on the 2lst Of the same month
On cross examination by Mr.. Har-
rinatop, she SAID that she put her hands
/ ". AoA ocb w = hoVp atu hioIA IOllOWIuk
Walker any further, and that she
wanted him to 20 home but be would 'nt
do It, Her son and Mulby were to.
Rether that afternoon, bnt the did not
know II they had been drinking. She
was pos.tive that Mulby, when ne came
up, did not say "Ill XIII the black son
Of q b--h." Mulby WAS perfectly
csim and not in a passion when be
came mp. Her son wanted to 70 on
down French street after Walker, but
she would not let him do 1t.
Margaret 8. Liveeey ~Ss sworn, aud
testified thEt at the time Of this occur
renee she lived at No. 1893 French
street. She could not recognize the
| prisoner as any one she ever saw before.
The day tast hulby Was struck she was
sitting on her steps sewing, and saw q
| colorod man throw the stone which
struck him. Bhe exclaimed "my Gcd,
he mas killed the boy" She saw the
Hrlored man standing near her house
before the stone was thrown. When
Mulby was struck he was walking
along with his hands swinging, and she
did not think h. had anything in them.
As soon Is the colored man threw the
otone he ran down French street.
Mrs. Catharine Barr was recalled by
Mr.. Harrington, aud In answer to q
question. denied that shs had ever told
any one that her son Mike had 1t In for
the niger.
Mrs Kate Hannum testified that at
the time Daniel c. Mulby was struck
she lived at No. 1887 French street She
saw the blood on the pavement and sent
some one to sweep IL up.
DIR. K G.. Shortlidge was affirmed,
1 nj nd oh hos ka Id Hx1k
after he was struck. He found that his
skull was fractured; be attende ed him
up to the time OF HIS death, about nine
days aftsrward.
Mr., Harrington asked the witness II
from Muiby's Indications, his breath
and general appearance he was not led
to believe he had been drinking.
Mr. Btggs objected to the question on
the ground that even IL he wes drunk it
was no excuse for Walker committing
the assault.
The court stated that drunken man
had % much protection under the law
~ any one else, and Mr.. Harrington
withdrew the question.
Luther W. Palmer testified that ut
the time Of the occurrence he was
deputy coroner, and held the inquest.
He WAS given the stone exhibited In
oourt by some of the dsosased's family,
and marked It with the letter "W."
Thomas b. Smith was called, and
testified that he weighed the stone OF
the request of the attorney general, and
found that 1t weighed four pounds and
thirteen ounces.
The State rested with this witness,
and Mr.. Harrington made the opening
to the jury for tina defense. He claimed
that hs wonld be able to show that the
prisoner had only acted In self defense,
and that II he had not thrown this stone
he would have bsen in danger OF either
losing his own life, or Suffering great
bodily harm. He said that he would
show that on tho day when this hap
pened the prisoner had been over the
Brandywine sharpening knives fol
Robert Tong and others. That on his
way In town he stopped ut fountain tc
get . drink, when Barr picked up q
stone which he Put in his pocket, and
stood around q corner lyinR IN walt fol
Walker. He would show that he fol
lowed him down French street stonine
bin. and that he was compelled to
throw n stone or do tomsthing to defend
himself.
Mr.. Harrington made an earnest AL.
dress to the jury, and when he con.
cluded commenced the examination ci
Witnesses.
Stephen B. MorreIl was sworn, and
testified that on the afternoon Mulby
was hurt Walker came In the Arlington
Mills and commenced TO sharpen some
knives, when the witness, who is Q
foreman at that place, told him that II
was against the ruies, and that while
he might inish them, he must MOI
come back again.
, Charles Siaats testified that he is Q
butcher In the Ninth waid, aud that or
the morning Of the day when this 90
Cured he gave tho rrlsoIer one knives
to sharpen.
Owen Tomlinson SOW Walker ovel
the bridS that day, and knew that hi
sharpsntd knives for q living.
Mary j. Worrell testifisi that sht
lived az Fifteenth and French streets a.
the time Mulby was hurt. She saw
, Walker coming along French street
Barr was standing near the corner an6
she taw him pick up q stone ard fol
low Walker down Fiench street
Barr, and did mt even look at him.
Charles Courtney testified that on til,
day Of the occurrence he saw Walkel
coming along Fifteenth street.; he wa
not say ing anything to any one wher
Barr went up and had some words with
him. .Aftsr Walker went down French
street Barr followed him, and wher
they reached Fourteenth street the wit.
ness saw Mulby running to o~s'ds them
he was croes.examined at length By
the Attorney General, but nothiDi
different from his direct testimony wa
brought out.
William Klianstuber was sworn, ani
r testified that he saw Barr and hi
,,no,har atandtn0 at F0urtaensh aut